RAJU TYAGI Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 17-3-2004 passed by Sri Vishram Singh, Additional District and Sessions Judge, Bulandshahr convicting the appellant Raju Tyagi under Section 394 IPC and sentencing him to undergo life imprisonment.

(2.) AS per the F. I. R. lodged by Subhash Chandra Verma on 18-8-2000 at 9. 05 a. m. there was a shop of jewellery comprised in his house in town Gulaothi. On 18-8-2000 at about 8. 30 a. m. , his nephew Sachin was cleaning the shop. Three miscreants came at the shop armed with country made pistols and started looting the ornaments. When he resisted, the miscreants assaulted him with the butts of the pistols and also fired a shot. On hearing the sound of the firing and cries, Sachin's mother rushed to the shop. The miscreants also gave her beating and escaped with the gold and silver ornaments and Rs. 3,000 in cash. On hearing the cries, a mob chased them. When the miscreants reached near the Bus Stand, the miscreants opened fire and shot-dead Manohar Lal. The mob killed a miscreant and caught hold of another (Raju Tyagi present appellant) and handed him over to police. One miscreant succeeded in escaping. The looted material consisted of ornaments made of 2 Kgs. silver and 5 gms. gold. Besides this, Rs. 3,000 cash was also looted.

(3.) AFTER completion of the investigation charge-sheet against the accused Raju Tyagi under Sections 394, 302 IPC and against the accused Munawar under Sections 394, 302/411 IPC and under Section 25 Arms Act was submitted.